Pipeline co. wins injunction against protesters

Tennessee Gas Pipeline won an injunction Monday in the Pike County Court of Common Pleas to stop protesters from trespassing on its work sites.

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By BETH BRELJE

poconorecord.com

By BETH BRELJE

Posted Mar. 19, 2013 at 12:01 AM

By BETH BRELJE

Posted Mar. 19, 2013 at 12:01 AM

» Social News

Tennessee Gas Pipeline won an injunction Monday in the Pike County Court of Common Pleas to stop protesters from trespassing on its work sites.

Protesters are opposed to the construction of the company's Northeast Upgrade Project, 40 miles of a natural gas pipeline, including 10.5 miles through Pike County.

The pipeline must be operational by Nov. 1 because the company has an agreement to provide gas capacity to two companies by then.

Some protesters have publicly stated their intention to slow or stop the project.

They became more active as the company cleared trees from its federally approved right-of-way, through mostly privately owned forest land, according to testimony Monday.

At least three protesters were arrested in Westfall for climbing and sitting in trees that were slated for clearing, causing the company to work around those sites.

Two protesters secured themselves to a gate at the access to Tennessee's right-of-way in the Delaware Forest, causing the company to work in a different area.

Twine was tied from tree to tree in the right-of-way, knee to ankle high. Protesters gathered on Cummins Hill Road in Westfall Township, causing the company to find a different place to access the forest.

Someone removed more than 1,400 stakes marking the right-of-way, causing the company to re-survey the land and place new stakes in the ground, according to testimony.

Those things happened in Pike County.

In New Jersey, where the pipeline continues, machinery on the worksite has been vandalized with sugar in the gas tanks, stolen keys and slashed tires, said Duane Jones, manager of security for Kinder Morgan, parent company of the pipeline project.

The company is concerned that when its pipe yard on Route 6 accepts a delivery of pipes in about a week, and machinery is moved into place, more vandalism will come to Pike.

Costs incurred in response to the protesters exceed $50,000, Kinder Morgan Project Manager Mark Hamarich testified. The company is spending an additional $10,000 a week for security in Pike County.

He barred protesters from trespassing, occupying trees and preventing workers and equipment from getting to work sites in Pike County.

Violators will be held in contempt of court and be responsible for the company's legal fees, Kameen said.

Named in the injunction were Alexander Lotorto and Stephen Olympia, who were arrested last month in connection with the tree-sitting incidents.

Lotorto also locked himself to the gate of a forest road with Allison Petryk, who was also named in the injunction.

Also named were Lotorto's father, Gregory Lotorto, and Richard Henning and John Does and Jane Does 1-100.

After multiple attempts to serve papers to Alexander Lotorto at his Dingmans Ferry home, he was served the 586-page court filing Saturday at a protest at a Tennessee facility called the Montague Pipe Yard.

Attempts were also made to serve papers to the groups Save Cummins Hill Road and Stop the Tennessee Pipeline, but there was no response from these groups.

Also served was Delaware Riverkeeper Network, which responded that it did not represent any of the defendants and would not appear in court, according to court documents.

New Jersey attorney Susan Lyons, who is representing the protesters pro bono, said she received the papers just 15 hours before the hearing and asked for a continuance, which was denied.

Lyons called the injunction unnecessary because Tennessee has already completed tree clearing.

She likened the protesters to the 1965 civil rights marchers in Selma, Ala., and said the injunction could curtail the protesters' right to freedom of speech.

All Tennessee officials who testified said they welcomed freedom of speech, just not while trespassing on the company's right-of-way.